Abstract
The article examines the problems concerning the institution of the death penalty from the perspective of the state performing its protective function to protect human rights. The genesis of this punitive institution in Russian legislation is being investigated. The ambiguity of the attitude of the public and the legislator towards the death penalty is noted, as well as the uncertainty of the latter remaining to this day regarding its availability in the arsenal of criminal penalties. Doubts are expressed about the effectiveness of the death penalty as a deterrent and crime prevention measure.
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